Text
1. As to the Plaintiff’s KRW 358,300,000 and KRW 101,000 among them, the Defendant shall pay to the Plaintiff KRW 358,30,000 from April 3, 2014, and KRW 257,30,000.
Reasons
1. Basic facts
A. On July 25, 2011, the Defendant entered into a contract for supply of materials and installation services between the Defendant and the Large-Scale Video Industry Co., Ltd. (hereinafter “Large-Scale Video Industry”) and B landscaped construction (hereinafter “instant construction”) with respect to the materials supply and installation services (hereinafter “instant service contract”).
B. The Plaintiff and the Defendant entered into a subcontract between the Plaintiff and the Defendant (hereinafter “instant subcontract”) with the terms and conditions that the construction cost is KRW 92,68 million, which is approximately 95.86% of the price of the instant service contract, as the Plaintiff received the instant subcontract from the Defendant, and entered into a subcontract (hereinafter “instant subcontract”).
Although the Defendant alleged that the instant subcontract was concluded with C, not by the Plaintiff, but by the Plaintiff as the representative director, the Plaintiff had been employed as the representative director, the evidence Nos. 5 through 7 (including a serial number; hereinafter the same shall apply).
According to each statement, the plaintiff operates the personal business of "D" at the same time as the representative director of "C", and since the defendant's payment of the subcontract price was recognized to have been deposited in the passbook in the name of the plaintiff, the defendant's above assertion is not accepted).
The Plaintiff’s construction progress and the change in the terms of the service contract was made on August 2, 201, and the construction was completed on February 201, 201, and the construction was completed on or around February 1, 2012. As a result of the settlement of the construction progress payment after completion, the Defendant and the Daesan Video Industry changed the contract amount of the instant service contract to KRW 935,290,290 on February 15, 2012.
(hereinafter “instant modified contract”). D.
When the instant service contract changed to KRW 935,290,290,000, the Plaintiff and the Defendant changed the amount of the instant subcontract to KRW 89,650,000,000 for the said changed amount.
(e).